Appeal: Human rights lawyer Tashriq Ahmed argues that all foreigners
should be able to apply for visas.
A group of asylum seekers will argue in the Constitutional Court on
Tuesday that all foreigners, including asylum seekers and refugees,
in SA are entitled to apply for visas.
They are approaching the top court for leave to appeal against a
decision by the Supreme Court of Appeal in September 2017 that
overturned a high court judgment, which declared that a 2015
immigration directive by the Department of Home Affairs was invalid
and inconsistent with the Constitution.
The directive caused the withdrawal of a 2008 circular, which
confirmed that anyone classified as an asylum seeker or refugee under
the Refugees Act was allowed to apply for a visa or permit in terms
of the Immigration Act.
The circular provided that the only application a refugee could make
in terms of the Immigration Act was for permanent residency.
Human rights lawyer Tashriq Ahmed and three of his clients approached
the High Court in Cape Town after the asylum seekers’ applications
for asylum were denied.
One of the asylum seekers then applied for a visitor’s visa, provided
for in terms of the Immigration Act for the spouse of a work visa
holder, in order to remain with her husband and children in SA.
The Department of Home Affairs refused her application based on the
directive. The other two asylum seekers applied for critical skills
visas, but they were declined.
In setting aside the directive that had been issued

by the
department, the high court found that it was inconsistent with the
Constitution.
The department then approached the Supreme Court of Appeal, which
overturned the ruling by the high court.
The Supreme Court of Appeal held that the general rule, subject to a
few exceptions, was that a person could apply for a visa or permit
only under the Immigration Act from outside the borders of SA and
that the three asylum seekers were not entitled to rely on the
Immigration Act as they were in SA.
The court found that the applicants were subject to the Refugees Act
and not the Immigration Act.
Ahmed and his clients will now argue in the Constitutional Court that
on a proper reading of both the Immigration Act and Refugees Act all
foreigners may apply for visas.
They are also arguing that the directive was beyond the department’s
legal power or authority as it was contrary to the objectives and
purposes of the Immigration Act.
The department is arguing that a person must be outside the country
in order to apply for a visa under the Immigration Act. It is
furthermore arguing that asylum seekers generally have no status
under the act when they are already in the country, as they are
covered by the Refugees Act.
The department wants the Constitutional Court to dismiss Ahmed and
his clients’ application for leave to appeal or, if leave is granted,
that the appeal be dismissed. V.2233

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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